Estate Planning & Probate in Smith County, Mississippi
Smith County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. This page points you to the right path—planning ahead, or settling an estate at the Chancery Court.
Someone died — settling an estate
Filing probate at the Chancery Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Smith County →Planning ahead as a property owner
Keep a Smith County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Smith County →The Probate Process in Smith County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Smith County, probate runs through the Chancery Court at 201 Courthouse Square, Raleigh. The court sits in the Chancery Court District 13. Smith County shares the Chancery Court District 13 with Covington, Jefferson Davis, Lawrence and Simpson.
Full Smith County probate guide: cost, how to file & attorneys →Probate Court Record
Smith County Chancery Court
Smith County · Chancery Court District 13
Phone
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Smith County →
Verified October 16, 2026 · Source
Recording Office Record
Chancery Clerk
Smith County
Phone
Hours
Office
Website
Recording fee
Verified September 7, 2026 · Source
Vital Records Office Record
Mississippi State Department of Health - Vital Records
Smith County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Smith County · Smith County Coroner
Phone
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Chancery Court
The chancery clerk's records and chancery court sessions are in the Chancery Building, across from the main Smith County Courthouse on Courthouse Square in Raleigh.
Forms for Planning and Settling an Estate in Mississippi
Free Mississippi forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Mississippi.
Last Will and Testament
In Mississippi, a will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyMiss. Code Ann. § 91-5-1Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Mississippi, a pour-over will is signed before 2Miss. Code Ann. § 91-5-1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Mississippi allows a choice for a healthcare power of attorney: 2Miss. Code Ann. § 41-41-209Verified Oct 15, 2026View source witnesses or a notary.
Financial Power of Attorney
Mississippi requires explicit durability language for a power of attorney to survive incapacityMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementMiss. Code §§ 87-3-1, 87-3-3, 87-3-7, 87-3-101, 87-3-103, 87-3-105, 87-3-107, 87-3-109, 87-3-111, 87-3-113Verified Oct 21, 2026View source.
Tools for Planning and Settling an Estate in Mississippi
Free calculators and checklists to plan or settle an estate in Mississippi: will and trust costs, probate, executor pay and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in Mississippi: the personal representative files the estate inventory within 90 daysMiss. Code §§ 91-7-93, 91-7-95, 91-7-109Verified Sep 15, 2026View source of appointment; creditors have 3 monthsMiss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
How Do I Settle a Trust?
Settling a trust in Mississippi happens outside court: the trustee acts under the state's Uniform Trust CodeMiss. Code Ann. § 91-8-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysMiss. Code §§ 91-8-813, 91-8-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In Mississippi, estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in Mississippi, descendants divide what passes to them per stirpesMiss. Code Ann. § 91-1-3Verified Oct 21, 2026View source, and the state sets no survival period for heirs.
How Much Does Probate Cost?
Probate on a $500,000 estate in Mississippi costs an estimated $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source. Attorney fees run 1.6%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299: the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Mississippi Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Smith County.
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